Chiquita had been repeatedly warned by its own lawyers and by the U.S. Department of Justice that the company was committing a felony by funneling funds to AUC, which had been officially listed by the U.S. government as a terrorist organization. Despite warnings, Chiquita continued to pay AUC, both for protection and to underwrite aggressive guerrilla warfare

against left-wing militias and others sympathetic to left-wing causes, including union organizers and human rights activists. The suit further alleges that Chiquita knowingly helped AUC smuggle arms and ammunition into the country and cocaine and other drugs out, using its private ports and banana ships.

We spoke briefly with Boies, Schiller & Flexner partner Lee Wolonsky tonight. Wolonsky referred to U.S. District Judge Kenneth Marra's ruling in February, which allowed a similar suit against Chiquita to go forward. Boies, Schiller & Flexner, he said, is seeking damages on behalf of plaintiffs in excess of $1 billion -- an amount far exceeding the $25 million Chiquita paid in the 2007 criminal judgment that preceded the civil suits. "Chiquita has been trying for some time to get all of the cases against it dismissed," Wolonsky told us. "They made $3.5 billion in profits last year. We're hoping this time for a judgment that would impact the company significantly."